Miner, Kathryn v. State of Wisconsin Department of Corrections et al

Filing 25

ORDER that plaintiff Kathryn Miner may have until January 18, 2019 to file a response to defendants' motion for summary judgment. If plaintiff does not respond by that date, I will dismiss this case with prejudice under Fed. R. Civ. P. 41 for plaintiff's failure to prosecute it. Signed by District Judge Barbara B. Crabb on 01/11/2019. (rks),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - KATHRYN MINER,
ORDER
Plaintiff,
17-cv-734-bbc
v.
STATE OF WISCONSIN DEPARTMENT OF CORRECTIONS
and CATHY JESS, Secretary,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - Pro se plaintiff Kathryn Miner is proceeding in this case on a claim that she has been
barred from visiting her incarcerated son, Calvin Smith, in violation of the Americans with
Disabilities Act and Rehabilitation Act. On November 16, 2018, defendants State of
Wisconsin Department of Corrections and Cathy Jess filed a motion for summary judgment.
Dkt. #18. Plaintiff’s response brief was due on December 17, 2018, but the court extended
her deadline to January 2, 2019 at her request. Dkt. #23. Plaintiff’s new deadline has
passed and she has not responded to defendants’ motion.

Her failure to respond to

defendants’ motion suggests that she may have lost interest in pursuing her case and no
longer intends to prosecute it.
I will give plaintiff one more opportunity to submit a substantive response to
defendants’ motion for summary judgment. If she fails to do so by the new deadline, I will
dismiss this case with prejudice under Rule 41 of the Federal Rules of Civil Procedure for
plaintiff’s failure to prosecute.
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ORDER
IT IS ORDERED that plaintiff Kathryn Miner may have until January 18, 2019 to
file a response to defendants’ motion for summary judgment. If plaintiff does not respond
by that date, I will dismiss this case with prejudice under Fed. R. Civ. P. 41 for plaintiff’s
failure to prosecute it.
Entered this 11th day of January, 2019.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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